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Ostler Smith


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#1 Questioner

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Posted 07 January 2013 - 10:57 AM

My judgment has ordered me to pay 9% on any amount over a certain base salary threshold. Since the order, my base salary has decreased (not enough to make it worth filing for a modification though). I recently received a one-time bonus that would put me over the base salary amount in the order.

 

My question is, am I required to pay the 9% on the full bonus amount? Or do I pay 9% only on the amount that exceeds the base salary threshold?  The terms "bonus" and "base salary" are clearly delineated on the paystub, though I do not know if that makes a difference.

 

Thanks!



#2 Jim Reape

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Posted 07 January 2013 - 11:21 AM

  You really need to look at the terms of the order itself.  If the % support is based on all income in excess of "X" than you pay only on the excess of "X".

  If the order requires you to pay a fixed support and then goes on to order 9% of any bonus then you pay the 9% of the bonus, even though your base has reduced.



#3 Questioner

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Posted 07 January 2013 - 11:51 AM

Right. The confusing part is that the order states "9% on any amount over $XX base salary per month."  

 

The term "bonus" is not used until the end of the section when it orders that I "provide a copy of the pay stub showing the amount of the bonus."



#4 Jim Reape

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Posted 07 January 2013 - 12:27 PM

  Based on the ambiguity you could provide your year end stub as well as the pay stub for the bonus.  Set forth a calculation whereby you rely on and calculate "9% on any amount over $XX base salary per month."  Cite the language exactly.  Enclose a check for the calculated amount and see if it is disputed.



#5 Questioner

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Posted 07 January 2013 - 01:09 PM

Great, thanks.






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